Perhaps 99.9% of the documents we serve are for Civil Proceedings. On a recent process serving assignment the proof of service complied with Criminal Procedure Rules (Rule 4.12). The hearing was at the Magistrates Court – A Private Prosecution by the travel company. The alleged offence: Fraud, contrary to Section 1 of the Fraud Act 2006 (Fraud by misrepresentation).
We supplied a Section 9 Statement (Criminal Justice Act 1967, s9; Magistrates Courts Rules 1981 Rule 70) with the following rider: Proof of service means that orders can be enforced.
We have noticed that our industry has, “Self-regulated”, under the Security Industry Authority / Home office model that relies on the Private Security Industry Act 2001 to regulate the private security industry, however, the promised licence has not materialised. Perhaps a reassessment of the governance and regulation of the professional Investigators who carry out process serving is required?
The SIA do not classify Process serving as an investigation activity and any licence that is produced for the professional Private Investigator sector will have a disconnect between what we do and what the SIA think we do. Process serving will not be covered by the current licencing model, even if it ever arrives!
Certainly, a closer alliance with the Ministry of Justice might be the way forward. Perhaps a training course can be accredited by this Arm of governance to ensure professionalism, probity and ethics for process servers in conducting what is becoming, “Low level Police work”?